National Conference on "Labour Rights as Citizen Rights: Realising Constitutional Reforms"

Islamabad (27 May, 2011):  The Pakistan Institute of Labour Education and Research, Sungi Development Foundation, and Muttahida Labour Federation organized a national-level conference titled ‘Labour Rights as Citizen Rights: Realising Constitutional Reforms’ in Islamabad, on May 27-28. The objective was to share labour’s concerns and initiate debate on issues related to labour in the backdrop of the 18th Amendment which has set the grounds for provincial autonomy and devolution.  

The two-day conference had representation from trade unions, informal sector labour unions and movements, employers’ representatives, government officials, legal experts and the media. Speakers included Ameer Nawab, Minister for Labour, Sindh; Moulvi Ghulam Sarwar, Minister for Labour, Balochsitan; Saba Gul Khattak, Member Planning Commission of Pakistan; Zafarullah Khan, Centre for Civic Education; Karamat Ali, Executive Director PILER; Gul Rehman, President Muttahida Labour Federation; Chaudhry Manzoor, President Peoples’ Labour Federation; Javed Gill, Central Labour Advisor, Ministry of Labour; Zafar Iqbal Gondal, Chairman EOBI; Fareed Awan, Pakistan Workers Confederation; Haji Jawed, President Employers Federation of Pakistan.

Speakers agreed that the 18th Amendment enabling devolution of a majority of the central government’s departments and divisions to the provinces has far reaching implications for labour legislation and implementation.  Key issues discussed included structure of labour policy and legislation; regulations and mechanisms to ensure compliance of labour laws with constitutional rights and international conventions; the future of social security and welfare bodies; addressing  exclusion of the majority of labour from labour laws and poor implementation of a number of labour laws such as labour inspection, IRA, tripartite mechanism, implementation of minimum wages etc; and responsibility of tasks earlier covered by now redundant national institutions in the post-devolution period, such as the National Industrial Relations Commission.

Setting the context of the conference, Karamat Ali highlighted the exclusionary nature of legislation and structures concerning labour in the country pointing out that the narrowing down of the ambit of labour rights has had grave consequences for democracy and state-society relations in the country.

Saba Gul Khattak emphasised that the state’s disinclination to deliver on social services has not only comprised people’s constitutional rights; it has also resulted in extremely restricted scope for people’s health, education, well being, and future.

Haji Jawed, representing employers’ position said that tripartism as currently being practiced in labour institutions is based on favouritism and it cannot yield positive results unless nominations are done on merit.

Zafarullah Khan stressed that the 18th Amendment was backed by a deeply consultative process and offers ample of scope for provinces as well as the federation to deliver on fundamental rights.

Representatives of workers involved in the informal sector highlighted the insecure and compromised state of working conditions in fisheries, agriculture, home-based, domestic and power looms sectors. They said that state’s neglect of workers in informal sector has left over 70% of workers out of the ambit of labour laws, while exploitation and abuse of rights remain rampant.

Chaudhry Manzoor stated that there is need to consider trade unions’ concerns regarding devolution. He said that the implementation Commission needs to be engaged while the process of devolution is underway.

In a session reserved for discussion with government representatives and state officials, a number of questions related to the future of labour related institutions were extensively discussed. Zafar Iqbal Gondal, Chairman EOBI, said that EOBI has requested the federal government to devolve it after it completes CNIC-linked registration of its beneficiaries which will take six months. Sardar Aijaz Jaffer, Secretary Workers’ Welfare Fund said that according to the Federal Legislative List 3, WWF cannot be devolved.

Javed Gill, Central Labour Advisor, Federal Ministry of Labour, spoke about the draft Industrial Relations Ordinance 2011 that is developed to cover industrial relations in establishments which are federal or have undertakings in more than one province. He said that the Ministry is trying to bring the Ordinance before the budget. He also shared that the Home-based Workers draft policy is ready after provincial consultation and soon national consultation will be called to finalize it.

The conference will continue till May 28th. The day 2 will conduct special group work to draw recommendations that will be submitted to the concerned authorities and raised at national and international forums.